Allahabad High Court
Anjali Devi vs Sri Atul Kumar Vats, S.D.M. on 15 October, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6610 of 2019 Applicant :- Anjali Devi Opposite Party :- Sri Atul Kumar Vats, S.D.M. Counsel for Applicant :- Dheeraj Kumar Yadav Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 29.5.2019 passed in Writ C No. 15437 of 2019 filed by the applicant, the Court directed as under:
"Heard Sri Dheeraj Kumar Yadav, learned counsel for the petitioner, Sri Ramesh Chandra Upadhyay, learned counsel for Gaon Sabha and Sri Ram Lakhan, learned Standing Counsel for the State.
The case of the petitioner is that he has purchased a plot no. 1720 rakba 42 Kari, situated in village Indira Adari, Tehsil Sadar, Pargana Ghosi, District Mau.
According to the petitioner she has constructed the house over plot no. 1720 and some portions of the constructed house is lying over plot no. 1721. He submit that plot no. 1721 is reserved for the purpose of school, but on said plot, no school is constructed till date. The petitioner has submitted an application dated 08.04.2019 under Section 101 of the U.P. Revenue Code before the respondent no. 3, Sub Divisional Magistrate,Tehsil Sadar, District Mau, for exchange of her plot. He submits that under Section 101 of the U.P. Revenue Code 2006 read with Rule 102 (4) of the U.P. Revenue Code Rules 2016 (hereinafter referred as the 'Rules 2016') is that the power of State Government is conferred the power to grant permission for exchange of land of public utility in the interest of public utilities.
Learned Standing Counsel submitted that only the State Government under Rule 102 (4) of 2016 is conferred under the power to grant permission to exchange public utilities land. In the present case, it would be appropriate that appropriate direction may be issued to respondents authority to take decision on the application filed by the petitioner before the Sub Divisional Magistrate for exchange of land.
Considering the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with a direction to the respondent no. 3 Sub Divisional Magistrate, Tehsil Sadar, District Mau, to refer the matter to the State Government as per Rule 102 (4) of the Rules, 2016, within a period of one month from today. The State Government/competent authority shall, thereafter, take a decision on the application of the petitioner for exchange of land within two months.
The writ petition is disposed of with the aforesaid observation. "
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within three weeks from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within three weeks from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
Order Date :- 15.10.2019 Jaswant